Spooner's Adm'r v. Hilbish's Ex'or
Supreme Court of Virginia
Argued at Staunton. Decided at Richmond. Appeal from two decrees of the Circuit Court o'f Albemarle county, pronounced at the October term, 1894, and February term, 1895, respectively, in a suit in chancery wherein the appellee, J. J. Given, in his own right and as executor of P. C. Hilbish, was the complainant, and the appellant and others were the defendants.
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Argued at Staunton. Decided at Richmond. Appeal from two decrees of the Circuit Court o'f Albemarle county, pronounced at the October term, 1894, and February term, 1895, respectively, in a suit in chancery wherein the appellee, J. J. Given, in his own right and as executor of P. C. Hilbish, was the complainant, and the appellant and others were the defendants. This was a suit in chancery instituted in the Circhit Court of Albemarle county by J. J. Given, in his own right and as executor of P. C. Hilbish, deceased, against M. PI. Spooner, the New York Life Insurance Company, the legatees…
1Opinion of the CourtRiely, J.
It is undoubtedly true, as a general rule, that a personal representative cannot be heard to impeach as fraudulent a transaction of his decedent in his lifetime. Davis v. Swanson’s Adm’r, 54 Ala. 277; Brown’s Adm’r v. Finley, 18 Mo. 375 ; Blake v. Blake, 58 Miss. 183; Osborne v. Moss, 7 Johns. 161; and Dorsey v. Smithson, 1 Har. & J. 61. It would be unimpeachable on such ground by the decedent *337himself, if alive, and it is equally so by those in privity with him. The personal representative simply succeeds to the decedent’s title, and hence stands on no better ground than his decedent. We are…
2Cases cited8 opinions
- Osborne v. MossNew York Supreme Court · 1810
- Yancey v. FieldSupreme Court of Virginia · 1889
- Beck v. AllenMississippi Supreme Court · 1880
- Roller v. Moore's Adm'rSupreme Court of Virginia · 1889
- Davis v. SwansonSupreme Court of Alabama · 1875
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3Cited by33 opinions
- Johnson v. BlackSupreme Court of Virginia · 1905
- Maughs v. PorterSupreme Court of Virginia · 1931
- Dillard v. DillardSupreme Court of Virginia · 1899
- Swan v. Swan'sSupreme Court of Virginia · 1923
- Ott v. L & J HOLDINGS, LLCSupreme Court of Virginia · 2008
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